Pierce v. Lacy & Sheppard
Mississippi Supreme Court
In error from circuit court of Noxubee county ; Hon. A. B. Dawson, judge. The facts of the case, as presented by the record, are, that the defendants in error sued the plaintiff in error, in the circuit court of Noxubee county, upon a promissory note under seal, otherwise called a bill single.
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In error from circuit court of Noxubee county ; Hon. A. B. Dawson, judge. The facts of the case, as presented by the record, are, that the defendants in error sued the plaintiff in error, in the circuit court of Noxubee county, upon a promissory note under seal, otherwise called a bill single. The writ that issued upon the declaration filed, was sued out in the name of Samuel Lacy and Joseph G. Sheppard, partners in trade, under the firm and style of Lacy & Sheppard; but the declaration was filed in the name of Lacy and Joseph G. Sheppard, without any other description. The defendant below…
1Opinion of the CourtChief Justice Smith
Under the law of this state the writ constitutes a part of the record. Officers of Court v. Fisk, 7 How. 403; Kibble & Morton v. Butler, 14 S. & M. 207. Hence the defendant, in the court below, was not bound to crave oyer of the writ as a preliminary step to the presentation of a plea in abatement.
The writ in this case was sued out in the name of Samuel Lacy and Joseph G. Sheppard, partners in trade under the firm and name of Samuel Lacy and Joseph G. Sheppard. It is manifest that there was a material variance between the writ and declaration, for which the party here might have demurred or…
2Cited by3 opinions
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